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Utah Senate unanimously moves to decriminalize polygamy

It seems odd to make something permanent a citation infraction. How many parking tickets do you get before they tow your car? Would it just be a $750 annual marriage tax?
 
Well technically they decriminalized it with the Brown's lawsuit but then the SCOTUS dismissed it and it was a criminal offense again so I would not hold my breath about it not being a criminal offense.
 
AlexaH said:
Well technically they decriminalized it with the Brown's lawsuit but then the SCOTUS dismissed it and it was a criminal offense again so I would not hold my breath about it not being a criminal offense.
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SCOTUS dismissed because the Browns didn't have standing, not because Utah law didn't need overturning. The foundation to decriminalize across the country is already written into the homosexual marriage justifications... A case just needs to make it to the SCOTUS with injured parties as the defendants.

It is possible that Utah recognizes the cause is lost and are simply moving ahead of the expense of a Supreme Court fight to go ahead and acquiesce by decriminalizing. Doing so will open the door for other states to follow and they can be perceived as leaders rather than stodgy sticks in the mud.
 
It is not truly decriminalized at all if there is still a penalty.
No prison time is better, but I'm curious, would they charge all parties involved ($750.00 × Hubby and number of wives) or just the hubby?
Looks like they are pretending to me, while charging fines and raising revenue. Typical poly ticks.
 
Well if they attempt to enforce it, they risk having it overturned in court again. That is indeed a steep price, but I wouldn't be too surprised to see other states follow suit.
 
Daniel DeLuca said:
Well if they attempt to enforce it, they risk having it overturned in court again. That is indeed a steep price, but I wouldn't be too surprised to see other states follow suit.
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That is my hope.
While this is only a step, it does nonetheless represent the first progress I have seen without someone suing.
I do wonder about the behind the scenes motivations.
 
Joleneakamama said:
It is not truly decriminalized at all if there is still a penalty.
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Yes it is. Decriminalised does not mean "made legal". It simply means turned into a civil offence rather than a criminal matter, one where you can be instantly fined rather than having to go to court. For instance, parking tickets are not a criminal matter - you don't go to jail for them. You just get fined. It's a civil offence.

Think in three categories - criminal, civil, legal. Theft is criminal (you'll go to court and risk jail). Parking tickets are civil (instant fine). Eating carrots is legal. They're shifting it from the criminal category to the civil category, but not to the legal category.

It's the same thing that is happening with marijuana in many places - some countries / states are debating "decriminalising" marijuana, others are "legalising" it - they're two very different things with very different implications.
 
I think I can come up with $750. I'll check under my mattress. :)
 
PeteR said:
SCOTUS dismissed because the Browns didn't have standing, not because Utah law didn't need overturning. The foundation to decriminalize across the country is already written into the homosexual marriage justifications... A case just needs to make it to the SCOTUS with injured parties as the defendants.
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That one hasn't after all these years only highlights the point that it is effectively decriminalized already. No DA anywhere wants to take these cases on and LE hasn't made it a priority anywhere. The issue only really comes up as a pile-on when a polygamist breaks some other law. It may still be against the statutes, but they are not the only form of law; both court and prosecutorial precedent are behind decriminalization. We're just waiting for the legislatures to catch up with the cultural/legal change.

Laws like this are still on the books mainly because no one cares. They are more historical oddity than real law; like it being illegal to allow your donkey to sleep in a bathtub. In other states anyway, in Utah with the living memory of it being enforced the issue is a little more salient.
 
rockfox said:
Laws like this are still on the books mainly because no one cares. They are more historical oddity than real law; like it being illegal to allow your donkey to sleep in a bathtub.
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Another one I always found funny is the law against Whaling in Oklahoma, kinda pointless considering Oklahoma is landlocked.

One I liked was the law that said it is Illegal to attend church without a brace of pistols.
 
I just don't like the idea of oh it's decriminalized but it's immoral. It just sucks we aren't Mormon but can't have fellowship in a Church because they start asking questions and then it's like okay time to move on because big they find out about Polygyny they will ask us to leave.
 
The Revolting Man said:
We used to be a country of by-God-men! My “church” has asked me to stop carrying a pistol. I stopped carrying it so openly.
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Amen!! We also didn't have a mentality of letting someone else take care of all the problems that may come up in our lives, if the church was attacked you were expected to help defend it!

Now if we hear a bump in the night we are supposed to call 911, go cower in the closet and hope the police get there in time.
How far our country's men have fallen!
 
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AlexaH said:
I just don't like the idea of oh it's decriminalized but it's immoral
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Making something legal doesn't make it moral. Homosexual marriage is legal but not moral.... Polygyny is moral even if not legal....
 
PeteR said:
Making something legal doesn't make it moral. Homosexual marriage is legal but not moral.... Polygyny is moral even if not legal....
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Amen. And marriage (including polygyny) is instituted by God and obtains His favour..... divorce is advocated by many for the woman whose husband marries another woman. That's a bazaar contradiction if ever I saw one.
 
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